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Complaint Detail(s)

Additional Notes

Complaint: On November 4, 2014, I hired My Favorite Painters to paint my*** *** in *** **** ********. The agreement clearly states the bid includes the painting of the ceiling and walls with two coats of ******* ******** paint. We determined to paint the lobby, hallway, a small area next to bathroom, and the back room. The total price of the bid was $1550.00, plus two facials (to be provided by myself in my***), and estimated materials of $300.00-$360.00. We also agreed that I would receive two hours of a decorator to help once the painting had been completed, but this was not put in writing on the bid I received. I put down a $300.00 deposit in order for her to purchase the supplies, which I have never been shown the receipt on how much the paint/supplies cost. leaving a remaining balance of $1550.00
She was scheduled to start painting on the weekend of November 15, 2014 (Saturday) and finish on Sunday November 16, 2014. I was told to move all furniture out away from the walls and that she would cover and protect all furniture. I received a text message on Sunday November 16, 2014 at 1:20 in the afternoon with a picture from her cell phone (showing a large area in the lobby on the ceiling that was not painted and clearly visible from the lobby and right when you walk in the front door) her text stated "getting there! No way, though, to get to this part of the ceiling. FYI may want **** to come up with plan B." I quickly responded with "Oh no! you don't have an extension long enough?" She responded at 4:25 pm same day stating "Its a perpendicular angle-no way to get enough leverage :( The entire room with the false ceiling would need to be available." I arrived the next morning to find a section of the ceiling above the lobby as shown in her text picture not painted and a huge area behind a china cabinet that was not painted at all. I then proceeded to check her work and found numerous areas that were sloppily painted, some areas not painted at all, areas where paint was on my curtain rod holder, part of a pole in the lobby that was only painted on one side, and areas of visible touch up that needed to be taken care of. We had been in communication about her returning to do the to touch up work and what I assumed would be painting behind the china hutch and finishing the painting on the ceiling. She text that she would be returning on Friday November 21, 2014 around 3:00 and that the china hutch needed to be pulled farther away from the wall in order for her to complete the painting. I inquired that she bring a different ladder in order to be able to address the ceiling situation. She said she didn't have one that she could bring. She sent a text message Thursday evening November 20, 2014 at 6:04 pm stating she may have to reschedule for Friday as her van was in the shop and that she would keep me posted. I did not receive another text from her until Saturday November 22, 2014 at 10:46 am stating "Is there a time I could come and finish today? (approx 1 hr needed with dry time)." I responded that I would be leaving at 12:30 pm as I was finished working for the day. She asked if the massage girl (*******) that rents space in the spa would be available to let her in on Saturday so she could paint. I said I was not sure as the massage girl had just purchased a new home and I was pretty sure she was moving in and would not want to be bothered. I told her I was meeting with the decorator, ****, on Sunday November 23, 2014. She sent a text stating "oh. I wont bother *******. I will see how my am goes tomorrow-I have a breakfast appointment." I did not hear anything from her until Sunday morning November 23, 2014 at 10:26 am stating "Im heading your way in about 15 minutes." She arrived when I was meeting with **** (decorator). **** and I had inspected her work and we talked about all the various areas that needed touched up. We decided we would show her the areas when she came. She arrived around 11:00 I believe and when we showed her the areas that needed touched up she became very defensive and tried to state the reason those areas were not done was because the furniture was in her way. **** and I asked why she didn't call me and I would have come and moved the furniture for her so she could complete the job. She then stated we were ganging up on her. We stated we were just merely pointing out the numerous areas that needed painted and **** told her that I had paid a lot of money for this particular job and she felt it was not up to the standards that were promised in the bid. I agreed fully. I was not very happy with her performance and I stated that to her. I wanted to know what the plan would be to get the ceiling painted. She said she would paint it once the china hutch was out of the way. We moved the china hutch out of the way for her. I received a text on Sunday November 23, 2014 at 12:52 stating "Almost done. Are you coming in tomorrow? Im going to reach back as far as I can on the ceiling now that the hutch is out. Couch is sort of back in place." I stated I would be at work at 9:00 in the am. She offered to come help move the hutch back against the wall with me, but I declined and said my husband could help me. I came in Monday morning and found that several of the areas that had been pointed out to her were not touched up, the ceiling was not painted, she had cleaned out her paint in the sink in our customer bathroom and paint was all over the sink (there is a utility sink in the back area). I was extremely upset. At 12:53 on Monday November 24, 2014 I sent her a text message stating "I was not satisfied with the way the situation had been taken care of/handled. As a business woman myself, I bend over backwards for my clients and do absolutely anything to make sure they are completely satisfied. I now have to finish all the areas you apparently are not willing to take care of. I think its best we part ways as professionals. I then sent her pictures showing her access to the ceiling through the storage/linen closet stating the ceiling didn't seem that far to reach from there. She responded asking why I hadn't show her that area and wanted to know if it was a hidden area. I replied stating she had been in the linen/storage closet as part of it was painted, so she clearly had seen the ceiling from that location as it is completely open (visible all the way to the ceiling). She responded with "There were plenty of opportunities for you to share this information. If I had to guess, I think you just newly discovered it. You have treated me like someone you despise. Your behavior and choices of how to handle this situation have been immature and ridiculous. I feel you owe me an apology, but Im not holding my breath. Write my check and tape it to the door. I will be there around 5." After that text, I replied that I was very unhappy with her work and that I wanted her to come back and either finish the work in its entirety, including the ceiling, or that I was only going to pay $750.00, which I feel is what she is owed since the work is not completed per her bid. She has since threatened to take me to small claims court in text message and email and even threatened to put a lien against my business. She has also sent an email stating she is adding a $25/per day charge to the bill for everyday that she has not received payment (which clearly is stated no where on the contract). I have asked several times to just simply come back and finish the job. It has been a back and forth conversation, but at NO time has she offered to come back and finish the job in its entirety, knowing specifically what I would like finished. She has only demanded payment, made awful remarks about my character and my business. I have pictures, emails, text messages, and the contract all to back up my information and will be happy to let anyone take a look at these documents. I just simply wanted the work completed or a portion of the money taken off, as I have now had to pay another painter to come in and complete the job because I have a holiday event at my*** next weekend, which she was well aware of. Today, Sunday November 30, 2014, I paid another painter $250.00 to complete all the touch ups and finish the ceiling. The painter had no problem finishing the ceiling and I took video of the painter doing this. In closing, her argument is that the ceiling is not part of the bid. If the ceiling was not part of the bid, why did she go ahead and paint almost all of the ceiling and then say we never discussed the ceiling. It is clearly stated on the bid/signed contract. I would welcome any help in resolving this issue.

Desired Settlement: It is obviously too late at this point for her to come back and complete the job. I want the bill adjusted. I will pay her $750.00. I have already paid a $300.00 deposit, which the check has been cashed, for a total from me to her of $1050.00 (total on the contract is $1550). I believe this is more **** accommodating given the work that was completed and her lack of professional courtesy to resolve this matter. Plus the fact that I have also paid an additional $250.00 for the other painting company to complete the work that was billed per her contract. The very last statement on the bid/contract for My Favorite Painter states "We enjoy our work. You will too. Guaranteed."

Business
Response:
I have attached the following documents for your review: 1 - response to the complaint 2 - complete text conversation 3 - signed bid 4 - invoice 5 - email with offer to settle - was unable to include. Please advise as to where I can email it to complete my response.

In addition, I have available for the BBB review board: 1 - My Favorite Painters client reviews, complete with full names and dates (because of this, I do not feel comfortable sharing with ***** *******.) 2 - itemized material list - (this is not something I forward to the client. The bid states a range and I consistently stay within that range)

****k you. I can be reached at ************ if you have any questions.****** ******

Business
Response:

BBB Complaint #********

***** ******* vs My Favorite Painters

December 7

Note: ***** *******’s comments appear in gray text.

Responses by My Favorite Painters appear in black.

On November 4, 2014, I hired My Favorite Painters to paint my *** *** ** *** **** ********. The agreement clearly states the bid includes the painting of the ceiling and walls with two coats of ******* ******** paint. We determined to paint the lobby, hallway, a small area next to bathroom, and the back room.

The bid DOES clearly state the rooms to be painted – none of which include the ceiling above the massage room. During the course of this project, we discussed the logistics of reaching across the false walls of the massage room in order to reach as far as possible to paint the blue ceiling. This specific issue was discussed no less **** six separate times, the last time being on Sunday, November 23 when ***** suggested the dangerous idea of borrowing my company’s ladder to lay across the false walls so that she could lie down to paint the ceiling 4' above her. I declined because I felt it would have been unsafe.

The total price of the bid was $1550.00, plus two facials (to be provided by myself in my***), and estimated materials of $300.00-$360.00. We also agreed that I would receive two hours of a decorator to help once the painting had been completed, but this was not put in writing on the bid I received. I put down a $300.00 deposit in order for her to purchase the supplies, which I have never been shown the receipt on how much the paint/supplies cost. leaving a remaining balance of $1550.00 She was scheduled to start painting on the weekend of November 15, 2014 (Saturday) and finish on Sunday November 16, 2014. I was told to move all furniture out away from the walls and that she would cover and protect all furniture.

The above is all true, except the bid clearly states the work will take 2-3 days to complete, and the materials cost was estimated to be in that range. Additionally, I specifically asked her to move the furniture 3-4 feet away from the walls to allow room for my ladder, which I needed in order to reach the ceiling. This was not done in the largest room, the lobby. I had to move the furniture farther away from the walls and into an adjacent room, work that was not included in the bid. I told her I would be able to paint the main areas over the weekend and would need to “schedule in” the remaining touch ups, etc during the following week – depending upon my schedule and hers. Please note, when I was awarded this work, I explained that I didn’t have any openings in my schedule until after the first of the year UNLESS I painted on the weekend and could come in after my scheduled projects during the week to finish, which would be in the late afternoon. ***** was anxious to schedule her open house the first week of December. She agreed and we proceeded to schedule. At that time I felt it was a “win-win” situation. I could help her get the ***** ready on her timeframe and I could have my daughter help me (she has painted with me since she was in high school and could use the extra money to help pay for medical school.) As far as the receipt for materials, please see attached for an itemized list.

I received a text message on Sunday November 16, 2014 at 1:20 in the afternoon with a picture from her cell phone (showing a large area in the lobby on the ceiling that was not painted and clearly visible from the lobby and right when you walk in the front door) her text stated "getting there! No way, though, to get to this part of the ceiling. FYI may want **** to come up with plan B." I quickly responded with "Oh no! you don't have an extension long enough?" She responded at 4:25 pm same day stating "Its a perpendicular angle-no way to get enough leverage :( The entire room with the false ceiling would need to be available." I arrived the next morning to find a section of the ceiling above the lobby as shown in her text picture not painted and a huge area behind a china cabinet that was not painted at all.

As for the picture I forwarded on Sunday, November 16 showing the area of blue ceiling that was not possible to reach with any combination of ladders or extension poles: that picture was sent as a courtesy and an effort to communicate the situation so ***** wouldn't walk in the door and be surprised. That area of the ceiling is above the massage room - which is NOT included in the bid. As a courtesy, I verbally agreed to paint as much of the blue ceiling over the massage room as I could possibly reach - which I did. Regarding the wall behind the hutch: we discussed this at length and agreed that I would finish painting behind the hutch once she was able to get it moved. In the meantime I painted around it as closely as possible. I made sure not to get too close and risk getting paint on it as she had mentioned that she would try to sell the hutch in the future. The following text was sent before I left on Sunday, November 16:

I then proceeded to check her work and found numerous areas that were sloppily painted, some areas not painted at all, areas where paint was on my curtain rod holder, part of a pole in the lobby that was only painted on one side, and areas of visible touch up that needed to be taken care of. We had been in communication about her returning to do the to touch up work and what I assumed would be painting behind the china hutch and finishing the painting on the ceiling. She text that she would be returning on Friday November 21, 2014 around 3:00 and that the china hutch needed to be pulled farther away from the wall in order for her to complete the painting. I inquired that she bring a different ladder in order to be able to address the ceiling situation. She said she didn't have one that she could bring. She sent a text message Thursday evening November 20, 2014 at 6:04 pm stating she may have to reschedule for Friday as her van was in the shop and that she would keep me posted. I did not receive another text from her until Saturday November 22, 2014 at 10:46 am stating "Is there a time I could come and finish today? (approx 1 hr needed with dry time)." I responded that I would be leaving at 12:30 pm as I was finished working for the day. She asked if the massage girl (*******) that rents space in the spa would be available to let her in on Saturday so she could paint. I said I was not sure as the massage girl had just purchased a new home and I was pretty sure she was moving in and would not want to be bothered. I told her I was meeting with the decorator, ****, on Sunday November 23, 2014. She sent a text stating "oh. I wont bother *******. I will see how my am goes tomorrow-I have a breakfast appointment." I did not hear anything from her until Sunday morning November 23, 2014 at 10:26 am stating "Im heading your way in about 15 minutes." She arrived when I was meeting with **** (decorator).

I also have the text conversations for this timeframe. It was my intention to keep her posted as to when I could be available for painting the wall behind the hutch (and the wood trim at the top of that wall) and as much of the ceiling as I could reach once the hutch was moved, as well as any touch ups needed. Touch ups (which include all of the areas of concern that she mentioned except for the ceiling above the massage room) are a normal part of a painting project and I always address them as one of the last items so I can be sure to take care of every last one of them. *****’s schedule is varied. Mine was booked. I feel I did a good job of communicating to get a time scheduled. As for the portion of the ceiling above the massage room, again, I verbally agreed to reach back as far as I could, but would not be able to paint the entire ceiling above the massage room because of the false ceiling above it. As for the request of a different ladder in order to address the ceiling situation, please see the following texts:

**** and I had inspected her work and we talked about all the various areas that needed touched up. We decided we would show her the areas when she came. She arrived around 11:00 I believe and when we showed her the areas that needed touched up she became very defensive and tried to state the reason those areas were not done was because the furniture was in her way. **** and I asked why she didn't call me and I would have come and moved the furniture for her so she could complete the job. She then stated we were ganging up on her. We stated we were just merely pointing out the numerous areas that needed painted and **** told her that I had paid a lot of money for this particular job and she felt it was not up to the standards that were promised in the bid. I agreed fully. I was not very happy with her performance and I stated that to her. I wanted to know what the plan would be to get the ceiling painted. She said she would paint it once the china hutch was out of the way. We moved the china hutch out of the way for her. I received a text on Sunday November 23, 2014 at 12:52 stating "Almost done. Are you coming in tomorrow? Im going to reach back as far as I can on the ceiling now that the hutch is out. Couch is sort of back in place." I stated I would be at work at 9:00 in the am. She offered to come help move the hutch back against the wall with me, but I declined and said my husband could help me.

When I arrived on Sunday, November 23 to complete the painting behind the two-piece hutch, I was attacked with finger pointing, rude and unprofessional behavior, and a very hostile atmosphere. I listened and addressed each of the areas ***** had problems with (above the front door to the left of the trim board had some white still showing, the black cord in the corner was only painted down to the area where the drapes would be re-hung, the white trim piece on the wall behind the hutch only had the primer coat -- which I knew - I could only reach so far until she moved the hutch, an area near the small white shelves at the reception area was patchy and needed a thicker coat of brush work, there was a 10" section of 2x4 - not drywall - above the storage closet that she wanted painted, there was a 1/2" space of white that showed above a wood trim piece that didn't reach quite to the ceiling where white was showing). I had told *******, the massage therapist, when I left on Sunday, November 16 that there were areas that needed touch up completed, but that I would take care of them when I came back to do the wall behind the hutch. I have addressed each of the areas mentioned and I consider them complete.

As for *****’s professional behavior, when I came in on Sunday, November 23 to complete the painting, I was met with a huge amount of hostility. I had made it clear numerous times that there was touch up that needed to be completed, we were just trying to sort out a time that would work with both of our schedules to get it done. I was surprised at the anger and aggression she showed about the areas that needed to be touched up – she knew I was coming back to finish them and that I didn’t consider the job complete yet. The negativity and rude behavior was surprising and made for quite a hostile work environment for me. At one point, ***** and **** ****, the decorator, pushed the couch and end table, pinning me up painfully against the reception counter. I have the expression of her face implanted on my brain (not a nice expression!) and the bruises on my knees to show for it. I am a painter and my body is my most valuable tool. She could have put my livelihood at risk and without so much as a hint of an apologetic tone.

I came in Monday morning and found that several of the areas that had been pointed out to her were not touched up, the ceiling was not painted, she had cleaned out her paint in the sink in our customer bathroom and paint was all over the sink (there is a utility sink in the back area). I was extremely upset. At 12:53 on Monday November 24, 2014 I sent her a text message stating "I was not satisfied with the way the situation had been taken care of/handled. As a business woman myself, I bend over backwards for my clients and do absolutely anything to make sure they are completely satisfied. I now have to finish all the areas you apparently are not willing to take care of. I think its best we part ways as professionals.

I can only say that each of the areas pointed out to me were completely resolved before I left on Sunday afternoon. The sink she is referring to was used to wash my brush as the utility sink in the back was filled with cloth and other items, which I thought indicated that it was nonfunctional. There wasn’t enough water pressure in the sink I used to provide any sort of “splash” effect and I used paper towels to clean and wipe out the sink. I take pride in my work. If there were actually areas that didn’t meet *****’s expectations, I would like to submit that by then, she had tried to coerce me into a lower price several times and I believe this was her effort to eventually wear me out so that I would agree to her offer of paying me less **** half of what she owed according to the contract she signed. By this time, I had lowered my price by including $150 for staging to be paid to her friend, **** ****. When things were so very uncomfortable on Sunday, November 23 I offered to forgo the two facials – an approximate value of $80. On November 25, I received an email with another offer to pay the $750. In good faith, I responded with an offer to meet in the middle.

Balance owed: $1572.07 (see invoice)

*****’s offer 750.00

Totaled and divided by two = $1161.35 is the amount I would accept if paid the next day, November 29.

***** responded with: “$750 is my only offer”

I then sent her pictures showing her access to the ceiling through the storage/linen closet stating the ceiling didn't seem that far to reach from there. She responded asking why I hadn't show her that area and wanted to know if it was a hidden area. I replied stating she had been in the linen/storage closet as part of it was painted, so she clearly had seen the ceiling from that location as it is completely open (visible all the way to the ceiling). She responded with "There were plenty of opportunities for you to share this information. If I had to guess, I think you just newly discovered it. You have treated me like someone you despise. Your behavior and choices of how to handle this situation have been immature and ridiculous. I feel you owe me an apology, but Im not holding my breath. Write my check and tape it to the door. I will be there around 5."

After that text, I replied that I was very unhappy with her work and that I wanted her to come back and either finish the work in its entirety, including the ceiling, or that I was only going to pay $750.00, which I feel is what she is owed since the work is not completed per her bid.

Ahh. The ceiling access. The photos she refers to, showing an attic access were angrily texted to me on Monday, November 24 at 12:52 PM. During the course of this project before that time, we discussed the logistics of reaching across the false walls of the massage room in order to reach as far as possible to paint the blue ceiling – several times. My question was and still is – if ***** knew about the access, why didn’t she disclose it? It was only after she tried and failed to get me to settle for the less-****-half price amount of $750 that she shared this information. I was in the storage closet briefly, but only to paint a lower section of ceiling that could be viewed from the back room. It is not my habit to be concerned with areas that aren’t included in my bid (I keep my focus and continue working on the areas with which I need to be concerned. As a professional I never concern myself with areas not included in my work.) And, again, the bid clearly states the ceilings included were for the “lobby area, hallway and small area next to restroom, back room area.” – NOT the ceiling above the false ceiling over the massage room.

The actual conversation after I texted that I would be there around 5 is shown below, clearly stating she would have my check ready at 8:30 the next morning:

She has since threatened to take me to small claims court in text message and email and even threatened to put a lien against my business. She has also sent an email stating she is adding a $25/per day charge to the bill for everyday that she has not received payment (which clearly is stated no where on the contract). I have asked several times to just simply come back and finish the job. It has been a back and forth conversation, but at NO time has she offered to come back and finish the job in its entirety, knowing specifically what I would like finished. She has only demanded payment, made awful remarks about my character and my business. I have pictures, emails, text messages, and the contract all to back up my information and will be happy to let anyone take a look at these documents. I just simply wanted the work completed or a portion of the money taken off, as I have now had to pay another painter to come in and complete the job because I have a holiday event at my spa next weekend, which she was well aware of. Today, Sunday November 30, 2014, I paid another painter $250.00 to complete all the touch ups and finish the ceiling. The painter had no problem finishing the ceiling and I took video of the painter doing this. In closing, her argument is that the ceiling is not part of the bid. If the ceiling was not part of the bid, why did she go ahead and paint almost all of the ceiling and then say we never discussed the ceiling. It is clearly stated on the bid/signed contract. I would welcome any help in resolving this issue.

I have completed the work outlined in the bid. As a courtesy, I verbally agreed to paint as much of the ceiling above the false ceiling of the massage room as I could possibly reach. This work was not negotiated in the bid and I did not charge for it. Since beginning work for ***** I have been verbally and physically mistreated and have had to spend an unreasonable amount of my time navigating her mood swings and countless menacing text messages (I have included screen shots of some of them in this document, please see the attached for the full history of our conversation). She has even verbally threatened to slander me and my business to whomever will listen. In closing, I feel that ***** ******* never had any intention of paying me the price we agreed on for painting. She has constantly changed her direction in pursuing a lower price – after signing the bid. In my mind, she has been manipulating, volatile and frankly, unstable in her effort to get “something for nothing.” On November 25 at approximately 8:24 AM, after some fairly ugly texts back and forth, I offered to meet with her face to face to resolve this situation:

***** responded with a request for me to resend our agreement (which I thought was encouraging. She would have it in front of her and see exactly what work was included.) Instead, I received an email with the option of settling for the $750 or signing a NEW agreement to address the issues she has, with no payment made until she was satisfied. We already have a signed contract detailing the work to be completed. I have absolutely no interest of donating any more of my work or time to her.

I have been a professional painter since April 2000, and our company has been an A+ member of the BBB since 1997. We pride ourselves in our finished projects and our ability to work with different situations and with different personality types. In hind sight, I wish I would have declined this project. I could have spent a pleasant weekend with my daughter and just given her money (which I am effectually already doing) without either of us having to undertake this frustrating and unfortunate experience. ***** ******* has proved to be an impossible person to please. I have approached this project as I do all others – with integrity, honesty and painting skill with attention to detail. After signing the bid and accepting the terms, ***** has done her best to get the project done for a lesser price. She initially and intentionally misinterpreted the rooms being painted. When that failed, she has purposely tried to present me in an unfavorable light – indicating I didn’t communicate, that I didn’t hold up my part of the schedule, and now, finally, that my work is less **** competent.

In an effort to get this resolved, I have proceeded with a court date in small claims court.

At this time, I have rescinded the adjustments made to the amount she owes me. The expenses to date are as follows:

Balance of invoice $ 1572.07

**** ****, stager, paid in full 150.00

Two facials not received 80.00

Filing Fee for Small Claims Court 55.00

Serving fee – Sheriff’s office 61.40

Printing expense for court 15.00

Late fees 300.00 * beginning 11/26 @ $25/day

Interest 20.00

Total to date $ 2253.47** Does NOT yet include my lost time

I respectfully request that this complaint be dismissed.

Thank you,

****** ******

My Favorite Painters!

Attachments included: Signed bid

Final invoice

Itemized materials list

Complete history of text conversation

Email with offer to settle

My Favorite Painters! Client reviews

Consumer
Response:
Complaint: ********

I am rejecting this response because:

I am a customer who hired a professional company to complete an agreed upon job at an agreed upon price. I am an unhappy customer, who has filed a complaint against this professional company in order to get this situation resolved. My Favorite Painters has not and will not complete the work that was agreed and signed upon. I have asked to have the job completed in full to my satisfaction, which I feel I have the right as a paying customer, or receive the amount I have stated several times I will pay according to the quality and quantity of work that was completed. I have paid another professional company to complete this job. I have pictures, video, and witnesses to back up my complaint. In filing my complaint, I have never said anything unprofessional about My Favorite Painters personally. I have voiced my dissatisfaction with how this situation has been handled and eventually not completed as per our agreement. My Favorite Painters has only made false accusastions as to my character, my mental well being, and my financial capability. My Favorite Painters has NEVER offered to make ammends to this situation. My Favorite Painters has only passed blame, made excuses, and acted like the victim. My Favorite Painters insulted me as a person and a business woman. I will no longer accept any further responses made by My Favorite Painters.

Regards,

***** *******

Consumer
Response:

Better Business Bureau:

I have decided NOT to participate in Binding Arbitration to resolve my complaint. I understand that because I have decided to not pursue arbitration that BBB must close my complaint. I have decided to pursue legally or via other avenues.

Thank you for your help, but My Favorite Painter has already filed papers for us to attend small claims court later this month. I do have a question if this complaint will be able to be seen by other potential customers? I do feel other potential customers should be aware of this incident.

Additional Notes

Complaint: I discovered an area of damp drywall just above the floor on the exterior wall of my dining room. I called Mr ****** to determine the source of the dampness and to repair the damaged drywall. Upon opening a small hole in the wall he found soaked fiberglass insulation and black particle board which he indicated was mold. He said that we should probably not mention that there was mold and he suggested that we should not contact our insurance company because they would likely have us vacate the home while work was completed. He indicated that the exterior rock veneer wall should be caulked at the leak. During our meeting this morning we mentioned that we had contacted our insurance company and felt that we need to determine the full extent of the problem and get bids from him and other contractors for a complete resolution. We mentioned that we felt that our insurance would require licensed contractor bids and we would likely include a mold remediation company. Mr. ******** recommendation was to place new particleboard against the soaked material, reinsulate and replace the drywall. I expressed concern with placing new particle board against the soaked material and also suggested that more tests were needed to make sure that we got all the mold and damage fixed. At no time did Mr. ****** tell us that he wasn't licensed. My wife finally asked him specifically and he acknowledged that he was not. At this point he had worked about 5 hours including time to purchase materials. He provided an invoice for materials and 8 hours work, which he indicated included our meeting this morning. Mr ****** is not licensed and is not qualified to do mold remediation work. He should have stopped his work when he determined that it was not a handyman job. Additionally he charged us for time that he did not work on our job. I feel that Mr. ****** is probably a very good handyman but opening our wall to mold spores and scraping without proper containment is not appropriate and overcharging is just wrong.

Desired Settlement: I feel that, at a minimum, Mr. ****** should refund the amount he charged for labor that he didn't perform. I believe that his actual work was around 5 hours and certainly not more than 6. His rate is $65 so his refund should be $130. Mr. ****** is likely a good handyman but should only take on work for which he is qualified and licensed.

I received your message that our complaint has been forwarded to the business for their response.
I met with a Mold mitigation and restoration company this morning and learned that as soon as the wall was opened and mold was discovered, the area should have been isolated and contained to keep the mold spores from spreading throughout our home. A containment wall is being erected today but Mr. ****** opened the wall and scraped on Monday morning. The result of that is that mold has likely entered our furnace system and spread the contamination everywhere in the house. When Mr ****** saw mold he should have immediately closed the wall and suggested that we contact a company qualified to mitigate mold. This is a much more serious situation than getting a refund for unearned labor. Mr. ******** actions in continuing to work on a job that he is not qualified for has created a health risk for my family.

What a series of unfortunate service events for the folks. I got a call to come and look at a spot of concern at Mr. Doyle’s home on Friday and said I could stop by late afternoon to check it out. (spent half an hour there.) When I arrived, he mentioned he thought it might be his dryer vent which was below the area of concern on the main level, venting out front. I stuck my hand inside and it was almost full. We went inside and he had planned to replace his wood flooring and trim, which was all missing from the dining area. The dining area was empty. I also noticed the fire place was completely dismantled, with stacks of wood flooring everywhere.

We looked at his dryer venting system in the storage room off the basement. I crawled about with his permission and said it looked pretty god below the spot in question (above in the dining room.)
However, I cautioned him the dryer duct system needed to be removed and cleaned as soon as possible because of the 90 degree connections involved – possible blockage that could cause a moisture build up or fire or appliance damage. He said ok, and he would get to it. As of Monday, he had not addressed the seriousness of the dryer situation.

We went back upstairs and I proposed that we open a small area and see what was going on inside the wall. I informed him at that point that I was going to need to charge him and he was okay with that. We cut open a small 12”x12” approximate area, looked and noticed it had been wet but were not sure at that point, so we cut out a 12”x24” area and notice the outside wall had ice on it, but could not tell if it was black asphalt board or something else, so we sprayed it down and put the wet insulation in a bag and covered our hole with plastic (we had experienced a deep freeze stretch of weather for a week or so.) At that point, we agreed that I could come back on Monday to further investigate and see what was happening. Note: I did mention before leaving that he may want to wait until Monday to call the insurance company, until we know what’s going on. But that it was his choice. **** told me the policy was in another room that they could not get to it at this time because of his project. I told him he will want to find it or call and go through it – just in case. He mentioned the flooring process was very urgent to him, so he could continue to work on his wood floors and wanted to start in the corner of the dining room that was currently empty.

On Monday I stop at the **** ***** (on the clock at this point) to get a mask, plastic drops, gloves and spray. I get to his home between 9 and 9:30. We look the area over again, inside and out. I said, you know I believe it may be coming from the roof or the rock area out front, and asked him if I should open a hole up there (at about 9’ up the wall.) We were in agreement, and I laid a 9’x12’ plastic tarp out and covered the heat vents, and proceeded to open a 12”x24” area as requested. At the lower side of my cut area was a dark wet spot on the back of the insulation and the surface above it was all dry. We determined that the moisture had been coming in at the lower point of the gutter and that whomever had installed the rocks did not know what they were doing.

I asked Mr. ***** if we should continue to open up the area all the way to the floor, at that point he was in agreement with that in order to see the extent of the damage. (He was aware there was mold at that point.) Since I had already laid down the plastic tarp and covered the furnace vents, I removed the drywall in small sections cutting them slowly by hand so as to not allow any dust. Each piece was gently placed on the floor. I then sprayed the insulation and wall area down with a mold eliminator product, as I removed each piece, rolling the insulation into itself in a plastic tarp ball and placed it in a bag along with my gloves, and sprayed the area down again. The wall was dripping with the spray so I know every surface was treated. At which point, I informed Mr. ***** that the front rock wall should come down, and be replaced so as to take care of the entire affected area. He said no, we can’t afford that. I said perhaps now that the surface mold is dead, I could come up with a short fix, but really the wall should come down and I am not the person to do that job. We were also concerned about the leaking from the roof, so with his permission, and borrowing his ladder, I crawled up on his roof and removed a large area of snow and ice so it could dry out for the next day while we decided our course of action. I left to go pick up some materials and planned to discuss the strategy further when I returned.

I purchased more plastic, caulking, 2x4’s, drywall, insulation and wafer board (all the items we may or may not need to continue on this project), delivered them to Mr. Doyle’s residence and sprayed the area again, attempting to remove some of the insulation pieces but stopped as it was futile. I sprayed it again. Note: at no time was the affected area dry – it was always wet with the mold eliminator product.
It was like pouring weed killer on flowers – there was nothing living and nothing to come back – ever.

When I finished, I suggested that he and his wife talk things over and I would return in the morning. When I left it was 1:30 and I had logged in 6 hours. On Tuesday morning, I went back to **** ***** to purchase some additional materials that may be needed (construction adhesive and furring strips), when I received a call from Mr. ***** asking me to wait and come out at 10:00 when his wife would be available for a meeting. I show up at 10:00 and meet his wife, ******. We discussed options. I said the wall needed to come out and she agreed, at which point I said that was not what **** said yesterday, but now we can all get on the same page. **** put his bare hand on the wall and said “look, it’s no good.” He picked off pieces and wiped his hand on his pants. ****** said she had called their insurance company with a “what if?” scenario and was told the insurance company would need an adjuster to come out and they may or may not pay, depending on what they found. She also said she had spoken to a restoration guy from her work, at which time I agreed and referred them to *** ***** ***********.

I said that it was a great idea to include them on the job and that I was not licensed to proceed on a project of this magnitude. I mentioned that my charges were at approximately $450-500. They said that sounded fine. They said their plan was to open another wall themselves, or perhaps wait and deal with it in the spring. They were not concerned at all with anything. We all shook hands. I told them it was nice to meet them, wished them well and said I would be back with an invoice later. **** said fine, call me and I’ll be here. (the meeting lasted approximately 40 minutes.)

I called and came back about two hours later. **** answered the door and we went inside. I handed him the invoice and explained the charges. He argued about the cost and said I had only worked 4 hours instead of the six I was billing him. He immediately lost his temper, said he was going to f*ng pay me and that I was going to f*ng regret this. He set his checkbook down and was fumbling for a pen, so I offered mine. He threw it and said he didn’t want my f*ng pen. I tried to have a discussion about the invoice and what his expectation was, but he just kept repeating I’m going to pay you this f*ng ridiculous amount and that I need to work on my f*ng ethics. He told me to sign the f*ng invoice as paid and threw it at me. I retrieved my pen and marked the invoice paid. He told me to get the f* out of his house, got in my face and called me a f*ker. At this point, I felt I was in danger as his rage was over the top. He said get the f* off my property before I call the f*ng police. As I was getting in to my truck, he ran into his open garage and shouted “don’t ever f*ng come back.”

Mr. ******* reaction was so unexpected and out of character (for the little I knew him) and actually upset me quite a bit.

In closing, I feel Mr. ***** is in some way blaming me for the mold at his home and his unfortunate financial situation and inability to remedy the mold problem, as well as the status of the many unfinished projects he has yet to complete, and the stress of the holidays. He and his wife had no concern/issues with anything in their home until I asked for payment. I stand by my invoice and am not planning to refund him $130. Furthermore, I would like to state that I’ve been a remodeling contractor for over 15 years and would not at any time put them or their family in danger. My hope is that we can all move on at this point. It is not my intention to involve more expense for Mr. ***** in attorney fees, but he will need to cease his slanderous remarks about myself and my company. I am prepared either way.